Act 250 and Recreation Trails

In 2018 the Vermont General Assembly enacted Act 194 (S.276)1, an act relating to rural economic development. Section 3 of Act 194 focused on Act 250 jurisdiction and recreational trails, and directed the Act 47 Commission on Act 250: the Next 50 Years (“Commission”) to “evaluate the strengths and challenges associated with regulation of recreational trails under 10 V.S.A. Chapter 151 (Act 250) and alternative structures for the planning, review, and construction of future trail networks and the extension of existing trail networks”.

Act 194 further instructed the Commissioner of Forests, Parks and Recreation (“FPR”) or designee and the Chair of the Natural Resources Board (“NRB”) or designee to form a recreational trails working group (“Working Group”) that “shall offer an opportunity for submission of information and recommendations from affected parties, including recreational trail and environmental organizations”. Act 194 requires that Working Group to submit a report to the Commission on or before October 1, 2018.

Once constituted, the Working Group invited stakeholders to complete a written survey to gather baseline information about Act 250 jurisdiction, recreational trails regulation, alternative regulatory models, and experiences with the Act 250 process.

Input from these surveys provided foundational information for the Working Group's report to the Commission.

Report to the Act 47 Commission regarding Act 250 and Recreational Trail Regulation in Vermont (pdf)